The Benefits in Settling

In the Court’s most recently available end of financial year report, the Brisbane Registry topped the country in Divorce Applications despite Sydney and Melbourne having approximately twice the population. Interestingly, the gap widened when it came to matters settling by way of Consent Orders and again Brisbane led the nation with approximately 40% more cases being resolved than Melbourne in second place.

The benefits in settling cannot be underestimated and parties should always consider these when negotiating:

The savings in legal fees to both parties; Most family lawyers often (and should) describe this as money that is better spent on the kids rather than continuing to fight. The cost in compromising to both parties is often far less than the cost of litigating through to a Trial;

The delay in settlement can hold up one or both parties from receiving cash payments; While no one has a crystal ball to determine what will happen with house prices, the reality over recent years has been an exponential rise throughout the Brisbane region – so the cost to re-enter the property market can become more expensive than settling at an earlier stage of the negotiations;

If money is tied up in Trust; inflation erodes the buying power of those funds the longer the case remains unresolved;

The effect that fighting will have on your coparenting relationship; Parents have many years to raise children together and it is in the kids’ best interests to be protected from any toxicity between the adults. Beyond their childhood, there are often milestone events such as graduations, weddings and grandchildren that people wish to be a part of which can be jeopardised if there is family drama following a bitter Divorce; and

It brings an end to the emotional and psychological toll that can occur when negotiating the division of assets or parenting arrangements. On current estimates, litigation can comfortably take more than a year and this only drags out the healing process following separation.

There is a real benefit in having control over your outcome rather than leaving it into the hands of the Court. Sometimes a Trial can become necessary (in some limited circumstances) but at least it seems that Brisbane residents are seeing the benefits in reaching agreements.

Joshua Noble is an Accredited Specialist in Family Law working at Zande Law Solicitors, Suite 9, Norwinn Centre, 15 Discovery Drive, North Lakes practising from our Cleveland offices at Suite 3, Jade Chambers, 15 Middle Street, Cleveland. To contact Josh for advice, please phone (07) 3385 0999 to schedule an appointment.

The information in this article is merely a guide and not a full explanation of the law. This firm cannot take responsibility for any action readers take based on this information. When making decisions that could affect your legal rights, please contact us for professional advice.